Author Topic: RBKC PCN for not parked within the bay - do the before/after pics help me?  (Read 1452 times)

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Ok so long story short. I paid for parking (in London South Kensington and Chelsea) but wasn’t parked correctly within the bay because the car (minivan) in front of me had its back in my bay which led to me being outside the line. By the time the parking officer came, the car that was originally there when I paid for parking was gone and another smaller car took its place which made me look bad. I made an online appeal and they rejected it after 4 months!!!! I have the pics I took when I parked that clearly showed my bay was partially blocked. And then I also have the council PCN pic. See all the pics below. What do I do? I feel like the pics can speak for the facts! Any point in doing a formal appeal / contest it further at the tribunal? Or shall I just pay? I feel like because I have the “before and after” pics I might have a case, just don’t know whether I should just pay the £55 now! Please let me know your thoughts!





« Last Edit: November 25, 2025, 11:51:44 pm by Drogo »

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Re: RBKC PCN for not parked within the bay-very unfair
« Reply #1 on: »
Parking contravention:

Not parked correctly within the markings of the bay or space.

Your challenge:

“I would like to challenge this PCN because the pictures the parking officer took do not
reflect the full picture of what happened. When I parked in that spot (way before the
officer issued the PCN), there was a minivan that parked in front of my car already that
had gone over the line leaving me unable to keep my own car within the lines”


Why the PCN was correctly issued:

The PCN was issued to the vehicle as it was not parked correctly within the markings of
the bay or space.

My decision:

Motorists are reminded that vehicles must be parked wholly within the designated bay
markings. If a vehicle is too large to fit entirely within the marked bay, it should not be
parked in that location. Parking outside the bay markings may obstruct traffic flow and
contravene the relevant parking regulations.
Given all the evidence, combined with my own investigation; I see no grounds for this
PCN to be cancelled.
We acknowledge your explanation regarding your challenge.
Please be advised that now we have responded to you and have outlined the available
options below, no further challenges will be considered in relation to this matter.


What happens next:

We are still willing to accept payment at the reduced rate of £55 if received within 14
days from the date of the service of this letter.
If payment is not received by the above date a Notice to Owner will be sent to the
registered keeper of the vehicle and the charge will revert to the full cost of £110. The
Notice to Owner will allow the registered keeper to make formal representation against
the issue of the PCN. Should the representation be rejected, the registered keeper will
then be sent an appeal form which will give them the opportunity to appeal against our
decision to the London Tribunals.
If the Adjudicator allows your appeal we will then cancel the notice. If the Adjudicator
refuses your appeal you will need to pay the Council the full rate within 28 days of the
decision.
If you are not the registered keeper of the vehicle, e.g. the vehicle is a company or
lease/hire vehicle, or it is being used with the owner`s consent, I suggest you advise the
registered keeper that a Notice to Owner will be issued.
You can pay for your PCN in person, by post, telephone or online.

Re: RBKC PCN for not parked within the bay - do the before/after pics help me?
« Reply #2 on: »
See below the letter I plan on sending to the council as part of my formal representation…now that assuming you guys think I have a chance or not…all below created with the help of ChatGPT in the space of 15 seconds…remarkable stuff…anyway appreciate your thoughts on this:



To:
The Royal Borough of Kensington and Chelsea
Parking Services

Re: Formal Representation
Penalty Charge Notice (PCN): XXXX
Vehicle Registration: XXXX
Date of PCN: XXXX
Location: XXXX

Dear Sir or Madam,

I am writing to submit a formal representation against the above PCN on the grounds that the contravention did not occur. The Civil Enforcement Officer’s photographs do not reflect the circumstances that existed at the time I parked, and I have attached contemporaneous photographic evidence which clearly demonstrates this.



1. An obstructing vehicle made it impossible to park within the bay markings

When I arrived and parked my vehicle, the bay directly in front of me was occupied by a large minivan. This vehicle’s rear overhang projected substantially beyond the front of its own bay, encroaching deeply into my bay.

This overhang can be clearly seen in the photographs I took at the moment I parked, attached as:
   •   Photo 1 – Minivan rear extending into my bay
   •   Photo 2 – My vehicle positioned as far forward as safely possible
   •   Photo 3 – Bay markings showing the obstruction

The minivan’s protrusion left me no physical possibility of parking wholly within my bay markings without making contact with the vehicle in front. I therefore positioned my car as correctly as was reasonably possible under the circumstances.



2. The CEO did not see the obstructing vehicle (it departed before their arrival)

By the time the Civil Enforcement Officer attended, the minivan had left the scene, and a smaller vehicle had subsequently parked in its place. This gives the misleading impression in the Council’s photographs that ample space was available in front of my vehicle at all times.

However, as my photographs show, this was not the case at the time I parked. The CEO’s images therefore do not reflect the true circumstances leading to my position.



3. I took photographs precisely because I recognised the unusual situation

I was fully aware that I could not park entirely within the markings due to the obstruction, so I took photographs immediately to document the cause. This demonstrates that I acted:
   •   responsibly
   •   in good faith, and
   •   with full intention to comply with the parking regulations

The minor misalignment arose solely due to a situation entirely outside my control.



4. I had paid for parking and intended to comply with all requirements

I had already paid for parking that day and had no intention of parking improperly. I expected to realign my vehicle once the obstructing minivan moved, but unfortunately it departed before I could return. The PCN was therefore issued based on a situation that did not reflect the circumstances at the time I parked.



5. Grounds for cancellation

I respectfully submit that the PCN should be cancelled because:
   •   The contravention did not occur, as I was prevented from parking within the bay by another vehicle’s unlawful encroachment.
   •   I have provided clear, contemporaneous photographic evidence showing the obstruction.
   •   The CEO’s photographs do not capture the situation as it existed when I parked.
   •   I made every reasonable effort to comply and acted entirely in good faith.



Conclusion

I therefore ask the Council to review my evidence carefully and to cancel this PCN in light of the full and accurate circumstances.

Thank you for your consideration. I look forward to your confirmation that the notice has been cancelled.

Yours faithfully,
[Your Name]
[Your Address]
[Your Contact Details]




Re: RBKC PCN for not parked within the bay - do the before/after pics help me?
« Reply #3 on: »
Any thoughts from anyone?

Re: RBKC PCN for not parked within the bay - do the before/after pics help me?
« Reply #4 on: »
You've hidden the details - what is the location? Are those the council's pics in your first post?

Have you got an NTO? What are the dates?

But it looks to me like you are asking them to use discretion and they don't want to.

Re: RBKC PCN for not parked within the bay - do the before/after pics help me?
« Reply #5 on: »
+1.

Where's the PCN;
Where's the NTO.

Post and leave in everything except personal details. Do not obscure VRM, location, PCN number etc.


Re: RBKC PCN for not parked within the bay - do the before/after pics help me?
« Reply #6 on: »
+1.

Where's the PCN;
Where's the NTO.

Post and leave in everything except personal details. Do not obscure VRM, location, PCN number etc.

Sorry forgot post it. Please see below the PCN. I did not receive an NTO yet. I am the stage where I appealed online the PCN in August and received a reply back in Nov saying they reject my argument. Now I need to either pay reduced rate of £55 or if not they will send NTO which will make me liable for double that! So my question to you and everyone on this forum is: is it worth fighting this (do I have a chance for them to change their mind after I do a representation following them sending the NTO…..do I have a chance to win at the tribunal if they reject my representation). Or do I just pay the £55 which is the reduced rate.




Re: RBKC PCN for not parked within the bay - do the before/after pics help me?
« Reply #7 on: »
You've hidden the details - what is the location? Are those the council's pics in your first post?

Have you got an NTO? What are the dates?

But it looks to me like you are asking them to use discretion and they don't want to.

Hi. Just posted the PCN in my previous post will details. I have not got an NTO yet. Only the rejection letter of my argument (see in a previous post) based on my online appeal submission.

The first pic (the one that shows big gap between my car and the white car) was taken by the enforcement officer. The other 2 were taken by me when I first parked in case as a precaution method to show that my bay was partially blocked by a minivan! So the question is do I pay the reduced £55 now OR I don’t pay, wait for the NTO then do a formal representation? Do I have any case here?

Re: RBKC PCN for not parked within the bay - do the before/after pics help me?
« Reply #8 on: »
Your case is based on mitigation. This is important, because the aadjudicators at London Tribunals cannot consider appeals based on mitigation.

You parked, whereas because your car didn't fit within the bay due to the other car's intrusion, you should have driven off and parked somewhere else. Yes, I know this is a bit legalistic, but the council have applied the law correctly, I'm afraid. You are going to ask them to apply their discretion, so it's very important to not be confrontational, but to lay out the facts and ask for them to cancel the PCN in view of the circumstances you have described. Your asking for a goodwill gesture basically.

Re: RBKC PCN for not parked within the bay - do the before/after pics help me?
« Reply #9 on: »
Your rear wheels are on a yellow line so that should have attracted a higher rate penalty.

The issue is simple: if you can't fit in the bay you must find somewhere else to park.

That said we can look at the traffic order to see if there's anything about parking in marked bays.

Just asking again for discretion could succeed but unlikely as these days authorities are taking a harder line.

Re: RBKC PCN for not parked within the bay - do the before/after pics help me?
« Reply #10 on: »
Edited sorry.
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r

Re: RBKC PCN for not parked within the bay - do the before/after pics help me?
« Reply #11 on: »
Post their reply as is, pl do not transpose, you'll miss something(as in this case) and get tired wrists.

Re: RBKC PCN for not parked within the bay - do the before/after pics help me?
« Reply #12 on: »
Post their reply as is, pl do not transpose, you'll miss something(as in this case) and get tired wrists.

See below their reply.








Re: RBKC PCN for not parked within the bay - do the before/after pics help me?
« Reply #13 on: »
Edited sorry.

? Do you have something useful to add? Im not seeing your reply

Re: RBKC PCN for not parked within the bay - do the before/after pics help me?
« Reply #14 on: »
Your rear wheels are on a yellow line so that should have attracted a higher rate penalty.

The issue is simple: if you can't fit in the bay you must find somewhere else to park.

That said we can look at the traffic order to see if there's anything about parking in marked bays.

Just asking again for discretion could succeed but unlikely as these days authorities are taking a harder line.

Ok so what’s your conclusion please? What do you mean by “we can look at the traffic order to see if there's anything about parking in marked bays.”? What does it say do you know?